Excerpt: ...Bar who meets all the require ments set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge....

Excerpt: ...assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all partie s to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given b...

Excerpt: ...temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed vi a fax ...

Excerpt: ...onald, a me mber of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that th e motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the ...

Excerpt: ...iforn ia State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be hear d by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superi...

Excerpt: ...us and violent people," where Embattle provided security. (Id. at 5:24.) A male patron "twice attempted to steal Gomez' phone from her purse" and "pushed both Gomez and Co ntreras." (Id. 4:18 -22.) Later, outside the club, the male patron again pushed plaintiffs, then "pulled out a gun and shot Contreras multiple times." (Id. at 5:8 -9.) Embattle's security guards "were inadequately trained to intervene in ...

Excerpt: ... Government Code section 945.4" is denied as moot. (Petition, 1:23 -24.) Section 945.4 provides that a government claim must be filed to perfect a subsequent court action for damages. Government Code section 946.6 al lows the court to relieve the plaintiff from the failure to file a proper claim. These provisions are inapposite because the record shows that plaintiff (through prior counsel Bora Song) in fact filed a claim on April 27, 2023...

Excerpt: ...ntative ru ling part 1 of 2) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion wil l be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Ju...

Excerpt: ...r who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If...

Excerpt: ...State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court J...

Excerpt: ...4; next to a picture of two thick pats of butter. The package's "nutrition facts" list "shortening butter blend" as the second of 11 crust ingredients. In fact, the FAC alleges, the crust's butter content is negligible. Thus, the FAC pleads violations of California's unfair competition (UCL) and false advertising (FAL) laws and the state's consumer legal remedies act (CLRA), as well as fraud and unjust enrichment. ...

Excerpt: ...sdiction. (Edmunds v. Superior Court (1994) 24 Cal.App.4th 221, 228.) To establish specific jurisdiction, "[t]he plaintiff 's claims� 'must arise out of or relate to the defendant's contacts' with the forum." Ford Motor Co. v. Mont. Eighth Judicial Dist. Court, 592 U.S. 351, 359 (2021). In addition, a manufacturer can be haled into court where it makes efforts to serve the California mar ket and the sale is not an isola...

Excerpt: ...e ruling has been emailed to the parties.) Defendants' motion for summary judgment is denied. The court rules as follows on defendants' alternative motion for summary adjudication: The motion is denied as to cause of action one for race discrimination in violation of FEHA. The motion for summary adjudication as to the second cause of action for retaliation is denied. The motion for summary adjudication as to the third cause of action for ...

Excerpt: ... For Monetary Sanction s(tentative ruling part 1 of 2) Pro Tem Judge James Fleming, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties t o the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearin...

Excerpt: ...2:3 -14; TACC 19:19- 22, 21:9.) First, defendant "cannot recover restitution on behalf of others" under his unfair competition law (UCL) claim because this case is not a class actio n. (Not. 2:9-12; Amalgamated Transit Union, Local 1756, AFL -CIO v. Sup. Ct. (2009) 46 Cal.4th 993, 1005 ["all unfair competition law actions seeking relief on behalf of others �must be brought as class actions"].) Second, "attorney's fees ar...

Excerpt: ...n Code of Civil Procedure 340.6 to argue that the malpractice case is time -barred, because the complaint was filed on December 4, 2023 - purportedly more than a year after plaintiffs "suffered the injuries alleged" and "the end of" the "attorney -client relationship." (Memo. 2:3 -6.) This court assumes for argument's sake that alleged injuries were suffered before December 4, 2022. But CCP 340.6 provides that the lim...

Excerpt: ...ary to effectuate the arbitrator's choice of remedy. Yer ABC, LLC, the alleged assignee of defendants, argues that the court should deny this motion because it is liquidating defendants' assets and confirmation of the arbitrator's security award would conflict with governmental restrictions. Yer ABC, LLC's only proof of these restrictions is a naked declaration from one of its members. (Yorkison Decl.) There is nothing from the ...

Excerpt: ...re inconsistent with the right to arbitrate; (2) whether "the litigation machinery has been substantially invoked" and the parties "were well into preparation of a lawsuit" before the party notified the opposing party of an intent to arbitrate; (3) whether a party either requested arbitration enforcement close to the trial date or delayed for a long period before seeking a stay; (4) whether a defendant seeking arbitration filed ...

Excerpt: ...MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BRYAN L. MALONE; EXHIBITS (ADDED FOR POSTING OF TENTATIVE RULING) (Part two of tw o) For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services, " navigate to "Tentative Rulings," and...

Excerpt: ...CS INC., A CALIFORNIA CORPORATION AND FRANCIS LEE'S MOTION TO QUASH THE DEPO SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS - 260 MICHELE COURT PARTNERS LP. (ADDED FOR POSTING OF TE NTATIvE RULING) (Part two of two) Second, Defendants argue that the subpoena will "inevitably result in a violation of Defendants' and third- party financial information, tax documents, and confidential personnel records as well," but do not provide how...

Excerpt: ...he California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a st ipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a S...

Excerpt: ...dividual claim and stay the representative claim is denied. First, there is no basis for reconsideration because plaintiff does not cite "new law." Plaintiff cites the concurrence in Johnson v. Lowe's Home Centers, LL C, 93 F.4th 459 (9th Cir. Feb. 12, 2024) to argue that the court should revisit its decision to stay the representative action. The court has broad discretion to determine what constitutes "new law" for reconside...

Excerpt: ... Docs Set 4 This motion is denied on procedural and substantive grounds. The first ground for denying this motion is that it is untimely as it was filed three (3) days after the date provided in the order shortening time allowing the filing of t he motion on shortened notice and the motion does not comply with the order shortening time. The second ground for denying this motion is that the separate statement submitted in support of the motion ...

Excerpt: ...dgment is denied. Defendant San Francisco Municipal Transportation Agency's ("SFMTA") motion for summary judgment is granted. CCSF's motion for summary adjudication on the general negligence and other ancillary negligence causes of actio n is granted. (The Court's complete tentative ruling has been emailed to the parties.) Friday's Law & Motion Calendar will be called out of Dept. 301. Anyone intending to appear in person ...

Excerpt: ...r received the summons and complaint," so the default and default judgment are void. (Memo. 2:18; Not. 1:26 -2:1.) It is undisputed that defendant lived at, and ran his d/b/a construction business out of, 1201 32nd Avenue, San Fra ncisco, so substitute service could be accomplished there. (CCP 415.20.) A registered process server declares under penalty of perjury that she tried to serve defendant at the address over the course of three days, ...

Excerpt: ...tive Order Re: Deposition Of Pla intiff Melanie Garcia; And Request For Sanctions (tentative ruling part 1 of 3) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all...

Excerpt: ...LING PART 1 OF 3) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agree ing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem...

Excerpt: ...llular Phone Records From Metropcs By T -Mobile Or Alternatively, To Enforce Dep osition Subpoena (tentative ruling part 1 of 2) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro T...

Excerpt: ...eets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion m ay be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a par...

Excerpt: ..., a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same au...

Excerpt: ... 1 of 2) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a s tipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will...

Excerpt: ...tember 28, 2023, a laborer was killed in a trench collapse. The construction company does not deny that agents of the construction company, Filiberto Poblano, John D'Arcy and John W. Tobin, wer e supervising site safety, managing the work and/or present on the day of the trench collapse. Pursuant to its authority under the Government and Labor Codes, the petitioner pursues an investigation to determine whether there were any violations of law...

Excerpt: ...te Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing th at the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Jud...

Excerpt: ... And To Deem Documents Genuine Under C.C.P. 2033. 280(B) And For Monetary Sanctions Against Defendant Ricardo Dias Under C.C.P. 2023.030(A) And 2033.280(C) (tentative ruling part 1 of 2) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stip...

Excerpt: ...meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the mo tion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a pa...

Excerpt: ...ive Order Re: Deposition Of Plai ntiff Melanie Garcia; And Request For Sanctions (tentative ruling part 1 of 3) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear th is motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all...

Excerpt: ...edical malpractice defendant files an expert declaration that its conduct met the standard of care, it is entitled to summary judgment unless plaintiff addu ces conflicting expert evidence. (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 985.) Pro per plaintiff's opposition papers are largely incomprehensible, but could be read to seek a continuance to enable her to adduce an expert de claration. (See CCP 437c(h).) ...

Excerpt: ... at a vacation rental home booked through Airbnb. The 22- months'-pregnant wife slipped and fell on steep stairs in dangerous condition. Born prematurely as a result, plaintiff baby suffered l oss of all toes on her right foot and other injuries. (FAC 1:27- 2:18.) Airbnb advises its property owners to "ensure stairs are safe and have railings" and inspects for safety before listing a property on its website. (Id. at 3:10 -14.) The FAC...

Excerpt: ...omplete tentative ruling has been emailed to the parties.) Per CCP 452, plaintiff's alter ego allegations are sufficient. The court rejects defendant's misjoinder argument and overrules the demurrers to the conversion and br each of contract causes of action. The demurrer to the breach of the covenant of good faith and fair dealing cause of action is sustained with 20 days leave to amend. The demurrer to the "Unjust Enrichment/Restitu...

Excerpt: ...:2.) By the CLRA's plain language - which must be "liberally construed" - education is a service and plaintiff was a consumer of said service offered by defendant. (Civ. Code 1760 -61.) De fendant cites no contrary court case. The SAC adequately pleads an Unruh Act claim on theories that defendant discriminated against him as white, male and from a conservative Christian background. (Id. at 14:6 -15:8.) Christian beliefs are readily i...

Excerpt: ...ceivables. That contract provided for assignment to plaintiff of security interests in the receivables and had a prevailing -party attorney fee provision. (Civ. Code 1717.) In turn, Galca had an oral contract for temporary staffing services with TPI (SAC at 4:27 -5:3), generating receivables assigned to plaintiff. Galca was suspended as an LLC in 2017. (Memo. 3:24 - 4:3.) Plaintiff sued, alleging TPI did not pay receivables as required, but TPI p...

Excerpt: ... interests of comity and judicial economy. (CCP 128(a)(8).) A putative class action that raises claims similar to this action is presently pending in Delaware. (Cornet, et al. v. Twitter, Inc., Case No. 1:23 -cv -00441 -JLH (D. Del.).) "It is black letter law that, when a federal action has been filed covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay...

Excerpt: ...and parties are required to appear re motely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Department 302. Any party who contest...

Excerpt: ... tentative ruling has been emailed to the parties.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be c onducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding pho...

Excerpt: ...tly and separately specify its grounds by paragraph. (CCP 430.60; CRC 3:1320; Edmon & Karnow, California Practice Guide: Civil Procedur e Before Trial (TRG 2016) 7:99-110.) Even had a demurrer been filed, defendant is noncompliant with CCP 430.41. Defendant's 430.41 declaration states: "This form must be filed with the demurrer," but the form declaration was filed five days after the "demu rrer" papers. Further, the declar...

Excerpt: ...r. There are numerous procedur al problems with this petition: (1) petitioner failed to lodge a copy of the administrative record. (Buckhart v. San Francisco Residential Rent Stabilization and Arbitration Board (1988) 197 Cal.App.3d 1032, 1036 ["Without such a complete record the superi or court cannot comply with Code of Civil Procedure section 1094.5."]; Ochletree v. Gourley (2002) 102 Cal.App.4th 1013, 1017.); (2) petitioner did not pr...

Excerpt: ...ring amendment is so strong that it is a rare case in which denial of leave to amend can be justified." (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Here, plaintiff's amendments do not change the tenor of the case, but merely plead additional instances of the same alleged wrongdoing and related causes of action. The Doe defendant that plaintiff seeks to add presumably has been aware of the allegations since the comp...

Excerpt: ... Court'S Order Granting Defendants Udr , Inc., Channel Mission Bay, Lisa Quigley And Ethel Pacis'S Motion To Deem The Truth Of Matters Specified In Requests For Admission, Set One, Prop Pro Tem Judge William Lynn, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to si...

Excerpt: ...ts For Production Of Documents (S et One) Against Defendant Clifton W. Chester And Request For Monetary Sanctions (part 1 of 2) Pro Tem Judge Matthew Kahn, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been ass igned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro ...

Excerpt: ...tember 2019, during which time WAB allegedly committed various Labor Code violations. Marquez sent notice of these violations to the Labor and Workforce Development Agency ("LWDA") in September 2023 and sued in November 2023 to recover civil penalties under the and Private Attorney General Act ("PAGA"). The statute of limitations for PAGA claims is one year. (CCP 340(a); Brown v. Ralph Grocery Co. (2018) 28 Cal.App.5th 824, 839.) ...